Michigan auto accidents vary from simple single car accidents to more complex accidents involving multiple cars and commercial trucks. Car accidents also sometimes involve pedestrians.
Pedestrian accidents happen when a car hits a person who is jogging, walking, or standing on the corner of the roadway. The aftermath of a pedestrian accident can be life-altering for victim because the human body was never meant to absorb the impact of a moving car. If a negligent driver caused your pedestrian accident, Michigan law allows you to file a personal injury claim against the driver and their insurance company to compensate you for non-economic losses.
Michigan law also allows you to recover excess economic loss damages. Excess damages compensate a pedestrian for losses suffered that extend beyond the three-year cap on PIP benefits, the insurance most likely to be used to cover injuries after an accident. These benefits are particularly useful to victims who have suffered serious injuries and remain unable to work full time after recovering. An injured pedestrian’s dependents may also be able to bring a claim against the responsible driver to recover for losses they suffered as a result of the pedestrian’s injuries (e.g. unable to pay school fees).
In order for a pedestrian to be able to collect for either non-economic or excess economic damages, the injured pedestrian must be able to show that the driver of the car was negligent and that the driver’s negligence was responsible for causing the pedestrian’s injuries. Generally, drivers have a duty to follow the law. This includes any traffic laws that govern drivers. If a driver fails to abide by traffic laws and this failure results in an injury to a pedestrian, that failure to comply with the law is considered negligence.
A court will review many different type of evidence to establish a driver’s negligence. This evidence might include:
In addition to establishing the driver’s negligence, an injured pedestrian must also show that their injuries amount to a “threshold injury.” Under Michigan’s No-Fault Act, an injured pedestrian may establish the threshold injury by demonstrating that the injury caused:
The “threshold injury” standard only applies to injured pedestrians seeking recovery for non-economic damages. Other claims for excess economic loss do not need to prove the existence of a threshold injury.
Pedestrian accidents can have devastating and lifelong impact on victims. Fortunately, Michigan law allows severely injured pedestrian accident victims to hold negligent drivers responsible for their injuries. If you have sustained an injury as a pedestrian and you believe the car driver is responsible for your injuries, contact Nickola Law. We will evaluate your accident and help you determine the best strategy for seeking compensation for your injuries. Please contact our team of car accident attorneys today at 810-767-5420 for an initial consultation.
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